Right to Work Checks for Sponsored Workers
Right to work checks must be completed correctly, evidenced clearly and repeated when leave expires. Get it wrong and you lose your statutory excuse against an illegal working civil penalty - and risk licence damage.
Why this matters
A correctly performed right to work check gives you a statutory excuse: even if it later turns out the worker had no right to work, you cannot be fined for illegal working - provided the check was done properly before employment started.
For sponsored workers, you must keep the evidence as part of your Appendix D records and repeat the check before any time-limited leave expires.
How to perform an online check
Obtain a share code
Ask the worker to generate a share code via gov.uk/prove-right-to-work. Codes are 9 characters and only valid for 90 days.
Verify on the employer portal
Enter the share code plus worker's date of birth at gov.uk/view-right-to-work. Download or screenshot the result page.
Confirm identity
Compare the photograph and details on the verification result against the worker physically (in person or video).
Record evidence
Save the share code, verification result, date of check and the name of the person who carried it out. Retain for the duration of sponsorship plus 1 year.
Set the follow-up date
If the worker has time-limited leave, diary a follow-up check to be completed before the leave expires.
Repeat-check timing
Set follow-up reminders for time-limited leave. Recommended alert points:
90d
before
60d
before
30d
before
14d
before
7d
before
Common mistakes
- Storing only a screenshot of the share code - without verifying it on the employer portal
- Letting leave expire before the repeat check is done
- Accepting expired physical documents instead of using the online service
- Not recording the name of the person who performed the check
- Failing to repeat the check when leave is extended via a new visa
- Keeping check evidence only in HR files - not linked to the sponsored worker record
What to do if you find a gap
Do not backdate evidence. Instead:
- Obtain a fresh share code from the worker immediately
- Perform a current-dated repeat check via gov.uk/view-right-to-work
- Save the new evidence with today's date and note the previous gap
- If the worker's leave has already expired, you cannot continue to employ them lawfully - take urgent immigration advice
RTW Tracker in the AuditShield portal
Per-worker RTW expiry tracking with 90/60/30/14/7-day alerts. Free to start.